Page:United States Statutes at Large Volume 94 Part 1.djvu/401

 PUBLIC LAW 96-247—MAY 23, 1980

94 STAT. 351

(2) that he has notified in writing the Governor or chief executive officer and attorney general or chief legal officer of the appropriate State or political subdivision and the director of the institution of his intention to commence an investigation of such institution, that such notice was delivered at least seven days prior to the commencement of such investigation and that between the time of such notice and the commencement of an action under section 3 of this Act— (A) he has made a reasonable good faith effort to consult with the Governor or chief executive officer and attorney general or chief legal officer of the appropriate State or political subdivision and the director of the institution, or their designees, regarding financial, technical, or other assistance which may be available from the United States and which he believes may assist in the correction of such conditions and pattern or practice of resistance; (B) he has encouraged the appropriate officials to correct the alleged conditions and pattern or practice of resistance through informal methods of conference, conciliation and persuasion, including, to the ejftent feasible, discussion of the possible costs and fiscal impacts of alternative minimum corrective measures, and it is his opinion that reasonable efforts at voluntary correction have not succeeded; and (C) he is satisfied that the appropriate officials have had a reasonable time to take appropriate action to correct such conditions and pattern or practice, taking into consideration the time required to remodel or make necessary changes in physical facilities or relocate residents, reasonable legal or procedural requirements, the urgency of the need to correct such conditions, and other circumstances involved in correcting such conditions; and (3) that he believes that such an action by the United States is of general public importance and will materially further the vindication of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, (b) Any certification made by the Attorney General pursuant to this section shall be personally signed by him.

Notification of investigation.

SEC. 5. INTERVENTION IN ACTIONS.

42 USC 1997c.

(a)(1) Whenever an action has been commenced in any court of the United States seeking relief from egregious or flagrant conditions which deprive persons residing in institutions of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States causing them to suffer grievous harm and the Attorney General has reasonable cause to believe that such deprivation is pursuant to a pattern or practice of resistance to the full enjoyment of such rights, privileges, or immunities, the Attorney General, for or in the name of the United States, may intervene in such action upon motion by the Attorney General. (2) The Attorney General shall not file a motion to intervene under paragraph (1) before 90 days after the commencement of the action, expept that if the court determines it would be in the interests of justice, the court may shorten or waive the time period. (b)(1) The Attorney General shall certify to the court in the motion to intervene filed under subsection (a)— (A) that he has notified in writing, at least fifteen days previously, the Governor or chief executive officer, attorney

79-194

O—81—pt. 1

26: QL3

u s e prec. title 1.

Certification to court.

�